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(영문) 광주지방법원목포지원 2020.08.25 2020고단1011
폭행
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor for assault, etc. at the Gwangju District Court on June 12, 2019, and the said judgment was finalized on June 20, 2019, and was sentenced to four months of imprisonment with prison labor at the Gwangju District Court on April 30, 2019, and was sentenced to four months of imprisonment with prison labor for assault. On November 29, 2019, the said judgment became final and conclusive on November 29, 2019.

【Criminal Facts】

The defendant and the victim B ( South, 59 years old) are those who live together in the Yeongdeungpo Prison C (two persons).

On July 12, 2020, the Defendant: (a) on July 12, 2020, at the Ganpo Prison C room, the Defendant saw the water body containing the water disease to be used as a beer when the victim sleeped, “slickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flick; and (b) the Defendant flicked the back part of the victim with the back part of the victim

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation Report (Submission ofCCTV Image Data) - CCTV storage CDs;

1. Previous convictions: Criminal records, investigation reports (where records of punishment of violent crimes of suspects are stated, accompanying the status of judgment and demand), personal confinement status, copies of judgment, and application of the relevant Acts and subordinate statutes to the list of relevant cases;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 260 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of the punishment, and February through October.

3. Determination of sentence: Two months of imprisonment;

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